Relating to the standard of proof in certain health care liability claims arising out of the provision of emergency medical care.
Impact
If enacted, HB 4922 would significantly impact the legal landscape for medical malpractice suits in Texas, especially concerning emergency care. By raising the standard of proof to a preponderance of evidence demonstrating willful and wanton negligence, it seeks to protect healthcare providers from claims that may arise from the chaotic environment typically present during emergency situations. This change is intended to encourage more healthcare professionals to practice in emergency settings, alleviating service shortages in high-demand areas.
Summary
House Bill 4922 addresses the standard of proof required in health care liability claims that arise from the provision of emergency medical care. The bill specifically targets claims against physicians and healthcare providers who deliver emergency services, notably those in hospital emergency departments and freestanding emergency medical care facilities. By changing the burden of proof, the legislation seeks to require claimants to demonstrate that the treatment or lack thereof involved willful and wanton negligence, instead of merely showing a deviation from accepted medical standards.
Contention
While supporters argue that HB 4922 is necessary for ensuring that emergency care providers are not unfairly penalized for outcomes that may result from the inherent uncertainties of emergency medicine, critics may view the bill as overly protective of healthcare providers at the potential expense of patient rights. There may be concerns regarding patient safety and accountability, as this higher threshold could make it more challenging for patients to successfully claim damages when they suffer harm due to negligence in emergency medical scenarios.
Texas Constitutional Statutes Affected
Civil Practice And Remedies Code
Chapter 74. Medical Liability
Section: New Section
Health And Safety Code
Chapter 254. Freestanding Emergency Medical Care Facilities
Relating to the statute of limitations on a health care liability claim involving certain gender modification drugs provided to and procedures performed on a minor.
Relating to the statute of limitations on a health care liability claim involving certain gender modification drugs provided to and procedures performed on a minor.
Relating to protection of individuals from participation in a health care service for reasons of conscience; providing a civil remedy; authorizing disciplinary action.